Reading Material and Notes on Directive Principles of State Policy
Jatin Gupta
Directive Principles of State Policy (DPSPs)
The Directive Principles of State Policy (DPSPs) in the Indian Constitution draw inspiration from
various sources:
● The Irish Constitution
● The Instruments of Instructions in the Government of India Act, 1935, serve as a
predecessor to the DPSPs
● The Sapru Committee recommended the inclusion of non-enforceable rights for citizens.
● The DPSPs incorporate a mix of socialist, Gandhian, and liberal principles.
Provision of DPSPs (Part IV)
Article 36: Definition of State**: The term "state" for Part IV (DPSPs) is the same as in Part III
(Fundamental Rights) of the Constitution, as provided in Article 12.
Article 37: This article states that while the DPSPs are not enforceable by any court, they are
fundamental in the governance of the country. It is the duty of the state to apply these principles
in making laws and policies. These principles, though non-justiciable, guide the state in creating
policies aimed at establishing social and economic democracy and ensuring the welfare of the
people.
Significance of DPSPs
● They create conditions for social and economic democracy in India without which
political democracy is useless.
● Establish India as a welfare state.
● Help in ensuring the accountability of the Government to its citizens.
● Help ensure uniformity and continuity in the functioning of the governments in India
● The courts have stated that while deciding the constitutionality of a law, they would take
into consideration whether a law gives effects to DPSPs or not.
● They can play a crucial role in the interpretation of ambiguous provisions of the
Constitution.
Article 38
Article 38(1) Creation of a Social Order for Welfare: The state shall strive to promote the welfare
of the people by securing and protecting a social order in which justice, social, economic, and
political, shall inform all the institutions of national life.
Examples of Implementation:
● Various social welfare programs aimed at improving health, education, and living
standards.
● Schemes like the Pradhan Mantri Jan Dhan Yojana (PMJDY) for financial inclusion,
ensuring that even the economically disadvantaged have access to banking services.
Article 38(2): Minimizing Inequalities in Status and Opportunities: The state shall, in particular,
strive to minimize inequalities in income, and endeavor to eliminate inequalities in status,
facilities, and opportunities, not only among individuals but also among groups of people
residing in different areas or engaged in different vocations.
Examples of Implementation:
● Nationalization of Banks: Ensured that banking services reach rural and underprivileged
areas, promoting financial inclusion and reducing economic disparities.
● Reservation policies in education and employment: Aimed at providing opportunities to
historically disadvantaged communities and promoting social equality
● Implementation of the Right to Education (RTE) Act: Ensures free and compulsory
education for children, aiming to minimize disparities in educational opportunities.
Article 39
Article 39(a): Equal Access to Livelihood: The state shall direct its policy towards securing that
both men and women have the right to an adequate means of livelihood.
Examples of Implementation:
● MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act): Provides
guaranteed employment for rural households.
● PMRY (Prime Minister's Rozgar Yojana): Promotes self-employment opportunities
among youth and women.
● NRLM (National Rural Livelihood Mission): Aims at creating sustainable livelihood
opportunities for rural poor households.
Article 39(b): Equitable Distribution of Resources: The state shall ensure that the ownership and
control of material resources of the community are so distributed as best to serve the common
good
Examples of Implementation
● Various land reform measures aimed at redistributing land to the landless
● Policies promoting social justice and equitable distribution of resources.
Article 39(c): Distribution of Wealth and Resources: The state shall ensure that the operation of
the economic system does not result in the concentration of wealth and means of production to
the common detriment.
Examples of Implementation:
● Nationalization of industries to prevent monopolies and ensure broader public ownership
of resources.
Article 39(d): Equal Pay for Equal Work: The state shall ensure that there is equal pay for equal
work for both men and women.
Examples of Implementation:
● Payment of Wages Act: Ensures timely payment of wages without any deductions
except those authorized by law.
● Equal Remuneration Act, 1976: Mandates equal remuneration to men and women for
the same work or work of similar nature.
Article 39(e): Protection of Workers and Children: The state shall ensure that the health and
strength of workers, men and women, and the tender age of children are not abused and that
citizens are not forced by economic necessity to enter vocations unsuited to their age or
strength.
Examples of Implementation:
● Child Labour (Prohibition and Regulation) Act, 1986: Prohibits the engagement of
children in certain types of hazardous employment and regulates the conditions of work
of children in other employments.
● Factories Act, 1948: Ensures the health, safety, and welfare of workers within factories.
Article 39A
Equal Justice and Free Legal Aid: Added by the 42nd Constitutional Amendment Act, this article
states that the state shall secure that the operation of the legal system promotes justice on a
basis of equal opportunity, and shall, in particular, provide free legal aid to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other
disabilities.
Examples of Implementation:
● Lok Adalats: People's courts established to settle disputes through compromise,
providing an alternative to the lengthy process of litigation.
● Gram Nyayalayas: Village courts aimed at providing accessible and speedy justice to
rural populations.
● Legal Services Authorities Act, 1987: Establishes statutory legal services authorities to
provide free legal services to eligible persons.
Functions of Legal Services Authorities
● Spreading Legal Awareness: Organizing legal awareness campaigns and legal aid
clinics to educate citizens about their legal rights.
● Provision of Legal Aid: Ensuring that individuals, especially the underprivileged, have
access to legal representation and advice.
● Compensation for Victims: Ensuring victims of riots and heinous crimes receive
appropriate compensation.
● Promotion of Alternative Dispute Resolution (ADR): Spreading awareness and facilitating
ADR mechanisms like arbitration, mediation, and conciliation to resolve disputes outside
the traditional court system.
Beneficiaries under the National Legal Services Authority (NALSA)
1. Women
2. Scheduled Castes and Scheduled Tribes
3. Persons with disabilities
4. Industrial workers
5. Victims of natural disasters and ethnic violence
6. Victims of human trafficking
7. Persons belonging to below the poverty line
Article 40: Organization of Panchayats: The state shall take steps to organize village
panchayats and endow them with necessary powers and authority to enable them to function as
units of self-government.
Examples of Implementation:
● E-Panchayats: Digital initiative to connect all panchayats across India, facilitating better
governance and communication.
● Vibrant Village Program: Aimed at developing infrastructure and ensuring
socio-economic development in rural areas.
● Panchayat Extension to Scheduled Areas Act (PESA), 1996: Extends provisions of
panchayats to scheduled areas, empowering tribal communities.
Article 41: Right to Work, Education, and Public Assistance: The state shall make effective
provisions for securing the right to work, education, and public assistance in cases of
unemployment, old age, sickness, and disablement.
Examples of Implementation:
● Skill India Mission: Initiative to train and develop skills among the Indian workforce.
● National Old-Age Pension Scheme: Financial support for elderly citizens.
● MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act): Provides
guaranteed employment for rural households.
Article 42: Provision for Just and Humane Conditions of Work: The state shall make provisions
for securing just and humane conditions of work and for maternity relief.
Examples of Implementation:
● Factories Act, 1948: Regulates labor welfare, safety, and health conditions in factories.
● Wages Code, 2022: Consolidates and rationalizes laws relating to wages and bonus.
● Maternity Benefit Act: Ensures maternity leave and benefits for women employees.
Article 43: Promotion of Cottage Industries and Welfare of Workers: The state shall endeavor to
secure, by suitable legislation or economic organization, for all workers, agricultural, industrial,
or otherwise, work, a living wage, and conditions of work ensuring a decent standard of life and
full enjoyment of leisure and social and cultural opportunities. It shall also promote cottage
industries.
Examples of Implementation:
● Minimum Wages Act: Sets the minimum wages for workers to ensure they receive fair
compensation
● Promotion of Rural Textiles and Khadi Products: State governments have various
programs and organizations to support and promote cottage industries, rural textiles, and
khadi products.
Article 43A: Participation of Workers in Management of Industries. Added by the 42nd
Amendment Act, this article directs the state to take steps to secure the participation of workers
in the management of industries.
Examples of Implementation:
● The Trade Union Act, 1926: Provides for the registration and regulation of trade unions.
● Industrial Dispute Act, 1947: Provides for the investigation and settlement of industrial
disputes.
Directive Principles of State Policy (DPSPs) - Key Articles and Their Implementation
Article 43B: Promotion of Cooperative Societies: The state shall endeavor to promote the
voluntary formation, autonomous functioning, democratic control, and professional management
of cooperative societies.
Examples of Implementation:
● The 97th Constitutional Amendment Act, 2011: Added Article 43B and introduced Part
IXB in the Constitution, which deals with cooperative societies, to ensure their effective
management and operation.
● National Cooperative Development Corporation (NCDC): Provides financial assistance
for the development of cooperatives in agriculture and allied sectors.
● Self-Help Groups (SHGs): Encourages the formation of SHGs, particularly among
women, to promote savings, credit, and income-generating activities.
● Cooperative Banks: Support the establishment and functioning of cooperative banks that
provide credit and financial services to their members.
● Training and Capacity Building Programs: Government initiatives to enhance the skills
and knowledge of members and leaders of cooperative societies to ensure professional
management.
Article 44 : Uniform Civil Code
The principle of equality is fundamental to Indian democracy, advocating for equal
implementation of law regardless of religion.Constitution and Criminal laws in India are
uniformly applied to all citizens however, personal laws related to marriage, divorce, and
inheritance vary based on an individual's religion. A UCC aims to establish a uniform set of laws
for personal matters, applicable to all citizens irrespective of their religious beliefs. It seeks to
eliminate discrepancies in personal laws across different religions.
Historical Context
● After independence, the UCC was not implemented due to concerns that it might threaten
the cultural practices of tribal communities and minorities.
● Assurances were given to minorities to protect their cultural and religious practices.
● Some members of the Constituent Assembly argued that community-based personal laws
could undermine national integration and the secular character of the Indian state. Several
women leaders in the Constituent Assembly opposed community-based personal laws,
citing that many of these laws were discriminatory against women.
Advantages of Adopting a Uniform Civil Code (UCC) in India
1. Reduction of Legal Burden: A single set of laws would simplify the legal system, reducing the
burden on courts by eliminating the need to interpret and apply different personal laws for
different communities.
2. Promotion of National Unity:UCC would foster national unity by addressing discrimination
based on religion, promoting a sense of equality among all citizens.
3. Addressing Women's Inequality: Adopting UCC would help tackle issues of gender inequality,
as many existing personal laws are discriminatory against women.
4. Strengthening Secularism: Implementing a UCC would reinforce the secular credentials of
India by unifying diverse personal laws under one legal framework.
Court's Observations and Views on UCC
1. The Supreme Court has stated that a UCC is desirable but should not be implemented
suddenly as it may impact the unity and integrity of the nation. Changes towards UCC should be
gradual and progressive to ensure a smooth transition and acceptance.
2. Shah Bano Case: In the Shah Bano case, the Supreme Court criticized the legislature's
inaction regarding UCC and expressed disappointment that Article 44, which directs the state to
endeavor to secure a UCC, remained unimplemented. The Court highlighted the need for
concrete steps to bring Article 44 to life and uphold the Constitution's intent.
3. Shayara Bano Case: The Supreme Court declared the practice of instant triple talaq
unconstitutional, identifying several un-Islamic characteristics in Muslim personal laws. This
decision reinforced the Court's stance on the need for reform in personal laws and paved the
way for discussions on UCC.
Challenges in Implementing a Uniform Civil Code (UCC) in India
1.Difficulty in Creating Consensus: Reaching agreement across diverse religious and cultural
groups is a significant challenge.
2.Complexity Due to Sub-Communities: Various sub-communities within each religion have
distinct customs, complicating UCC formulation.
3.Fear Among Minorities: Minorities may fear that a UCC threatens their cultural and religious
practices, leading to resistance.
4.Conflict with Constitutional Provisions: A UCC may conflict with Articles 25, 26, and 29 of the
Constitution, which protect religious freedom and minority rights.
5.Indigenous Community Protections: Indigenous customs, protected under Articles 371A and
371G for the Mizos and Nagas, may clash with a UCC.
6.Potential for Communal Tensions: Differences in personal laws could lead to conflicts and
communal tensions when attempting to ensure uniformity.
7.Implementation Challenges: Administering and enforcing a UCC across India's diverse
population requires significant effort.
Article 45: Provision for Early Childhood Care and Education to Children below the Age of Six
Year: The state shall endeavor to provide early childhood care and education for all children
until they complete the age of six years.
Examples of Implementation:
● Integrated Child Development Services (ICDS): Aims to provide food, preschool
education, and primary healthcare to children under 6 years of age and their mothers.
● Anganwadi Centers: Serve as rural childcare centers under the ICDS scheme, providing
early childhood education and nutritional support.
● National Early Childhood Care and Education (ECCE) Policy: Focuses on promoting
optimal development and active learning capacity of children below six years by ensuring
free, universal access to quality early childhood care and education.
● Poshan Abhiyaan (National Nutrition Mission): Targets the improvement of nutritional
outcomes for children, pregnant women, and lactating mothers through a
multi-ministerial convergence mission.
Article 21A:
● Article 21A allows the state to make a law to provide for free and compulsory
education for children between the age of 6-14 years. The Parliament enacted the
Right to Education Act which has led down the modalities related to this particular
right. According to it, every child shall receive primary education at a local school
without any cost.
● The law also lays down regulations for infrastructure and working days for the school,
Student to teacher ratio, etc.
● It prohibits physical punishment and mental harassment of students.
● The schools are prohibited from charging the capitation fee as well as giving strict
instructions to avoid mismanagement.
● Additionally, the curriculum should be designed in such a manner that it is consistent
with the ideals of the Constitution and to ensure holistic development.
Article 46: Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled
Tribes, and Other Weaker Sections: The state shall promote the educational and economic
interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections of
society.
Examples of Implementation:
● Targeted Educational Programs: Scholarships, reservations in educational institutions,
and special coaching classes for SCs and STs.
● Economic Empowerment Initiatives: Reservation in government jobs, financial
assistance for self-employment, and skill development programs.
● Legal Safeguards: Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,
1989: Protects SCs and STs from social injustices and exploitation.
● Manual Scavenging Act: Prohibits manual scavenging and rehabilitates those involved in
such activities.
Article 47: Duty of the State to Raise the Level of Nutrition and the Standard of Living and to
Improve Public Health: The state shall endeavor to raise the level of nutrition, improve the
standard of living, and enhance public health.
Examples of Implementation:
● Nutritional and Health Promotion
● Food Security Act: Ensures food and nutritional security by providing subsidized food
grains.
● Mid-Day Meal Scheme: Improves the nutritional intake of school children.
● Fortified Meals: Enhances the nutritional content of food distributed through public
programs.
● Ayushman Bharat (PMJAY): Provides health insurance coverage to economically
disadvantaged families.
● National Health Mission (NHM): Strengthens healthcare services, especially in rural
areas.
Substance Control Initiatives:
● NDPS Act (Narcotic Drugs and Psychotropic Substances Act): Regulates and controls
the production, distribution, and consumption of drugs
● National Drug Demand Reduction Policy: Aims to reduce the demand for drugs through
awareness and rehabilitation programs.
Article 48: Organisation of Agriculture and Animal Husbandry: The state shall organize
agriculture and animal husbandry on modern and scientific lines, and shall take steps for
preserving and improving the breeds, and prohibiting the slaughter of cows, calves, and other
milch and draught cattle.
Examples of Implementation:
● Indian Agricultural Research Institute (IARI) and Indian Council of Agricultural Research
(ICAR): Leading institutions in agricultural research and education
● National Initiative on Climate Resilient Agriculture (NICRA): Enhances the resilience of
Indian agriculture to climate change.
● Soil Health Card Scheme: Provides soil health cards to farmers, giving information on
soil quality and recommendations for appropriate fertilizers.
● GIS Mapping: Utilized for effective land and resource management in agriculture.
Article 48A: Protection and Improvement of Environment and Safeguarding of Forests and
Wildlife. The state shall endeavor to protect and improve the environment and safeguard the
country's forests and wildlife.
Examples of Implementation:
● National Green Tribunal (NGT): Established to handle environmental protection and
conservation of forests and other natural resources.
● Project Tiger and Project Elephant: Initiatives aimed at the conservation of tigers and
elephants, respectively.
● Afforestation Programs: Government initiatives to increase forest cover, such as the
National Afforestation Programme (NAP).
● Wildlife Protection Act, 1972: Provides for the protection of wild animals, birds, and
plants and aims to ensure the ecological and environmental security of India.
Article 49: Protection of Monuments, Places, and Objects of National Importance: The state
shall safeguard every monument, place, or object of artistic or historical significance, identified
by Parliament as nationally important, from any form of spoilage, disfigurement, destruction,
removal, disposal, or export, as appropriate under law.
Examples of Implementation:
● Archaeological Survey of India (ASI): An organization responsible for archaeological
research and the conservation and preservation of cultural monuments in India.
● Homestay Scheme: Promotes tourism and cultural exchange by encouraging locals to
offer accommodation to tourists, thereby preserving cultural heritage.
● Promotion of Tourism: Government initiatives to promote tourism, such as Incredible
India, which highlights the country's rich cultural heritage and historical sites.
● Ancient Monuments and Archaeological Sites and Remains Act, 1958: Provides for the
preservation of ancient and historical monuments and archaeological sites and remains
of national importance.
Article 50: The state shall take measures to promote the separation of the Judiciary from the
Executive.
The concept of separation of power was articulated by philosopher Montesquieu He advocated
the separation of state power into three organs namely: legislature, executive, and judiciary to
prevent tyranny and abuse of power. In his opinion, the principle of separation of power
requires that the power of the state shall be divided into different organs. According to it, none of
the branches must exercise the power of the others nor should a person be a member of two
organs of the state. The USA has adopted the concept of strict separation of powers,
according to a written constitution. In Britain, on the other hand, an unmodified constitution
allows for more fluidity, in the arrangement of powers.
India has adopted a parliamentary form of democracy in which enforcement of strict
separation of powers is not a possibility. Yet, certain provisions of the constitution do create a
system of Separation of Power in India.
Provisions Related to Separation of Powers:
● Article 50: Ensures separation of judiciary from the executive, promoting fairness in
justice administration.
● Article 74(2): The President acts on the Council of Ministers' advice, and advice
tendered by Ministers to the President shall not be inquired into in any court.
● Article 121/211: Bars discussions in Parliament and State Legislatures on judges'
conduct, except in removal motions, safeguarding judicial independence.
● Article 122/212: Shields parliamentary and state legislature proceedings from challenge
in court, maintaining legislative functionality despite procedural irregularities.
● Article 105/194: Grants MPs and MLAs speech and voting privileges, enabling free
expression and debate without legal repercussions.
Provisions diluting SOP
● Ordinance Making power: Under Article 123 and Article 213.
● Article 323A: Allows Parliament and State Legislatures to establish administrative
tribunals for resolving disputes related to recruitment and conditions of service.
● Article 323B: Authorizes Parliament and State Legislatures to set up other tribunals for
specific matters concerning public services and administration.
● Judicial activism
Since India does not have a strict separation of power, in the constitution it has adopted a
system of checks and balances to compensate for the same.
● A law made by the legislature, cannot come into force unless approved by the president
heads of the executive.
● An ordinance issued by the executive requires the approval of the parliament to continue
force beyond a certain point in time.
● Powers of the legislature to pass a censure motion including the no-confidence motion
against the executive.
● Powers of the parliament to approve the budget proposed by the executive.
● The powers of parliament to remove the judges to SC and HC.
Article 51: Promotion of International Peace and Security. The state shall endeavor to:
● Promote international peace and security
● Maintain just and honorable relations between nations
● Foster respect for international law and treaty obligations in the dealings of organized
peoples with one another.
● Encourage the settlement of international disputes by arbitration.
Examples of Implementation:
● Nuclear Policy: India's commitment to a "No First Use" policy and participation in
international disarmament forums.
● Panchsheel Policy: Five principles of peaceful coexistence between India and other
nations, emphasizing mutual respect for sovereignty and territorial integrity,
non-aggression, non-interference in internal affairs, equality and mutual benefit, and
peaceful coexistence.
● Gujral Doctrine: A foreign policy doctrine formulated by former Prime Minister I.K. Gujral,
which emphasizes unilateral concessions to India's smaller neighbors to build trust and
foster better relations.
Criticisms of DPSPs
● They are non-enforceable in nature and as per some people are mere false promises
made by the constitution.
● Repetitive in nature and lack systemic enumeration.
● Ambiguous and open to multiple interpretations.
● Several DPSPs are in conflict with the Fundamental Rights
● They impose a financial burden on the state that is already starving of economic
resources.
● Some of the DPSPs are orthodox and run contrary to the liberal spirit of the Constitution.
